LEGISLATIVE COUNCIL

OF

SOUTH AUSTRALIA

________________

STATISTICS

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THIRD SESSION OF THE FIFTIETH PARLIAMENT

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15 September 2003 to 12 August 2004

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TABLE OF CONTENTS
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Members of the Legislative Council
Officers of the Legislative Council
Committees
	Standing Committees -
		Environment, Resources and Development Committee Legislative Review Committee Social Development Committee Statutory Authorities Review Committee Occupational Safety, Rehabilitation and Compensation Committee Statutory Officers Committee Natural Resources Committee
	Committee appointed under Aboriginal Lands Parliamentary Standing Committee Act 2003 -
		Aboriginal Lands Parliamentary Standing Committee
	Joint Committees -
		Joint Parliamentary Service Committee Joint Committee on a Code of Conduct for Members of Parliament
	Sessional Committees -
		Standing Orders Committee Printing Committee
	Select Committees -
		Select Committee on Internet and Interactive Home Gambling and Gambling by other means of Telecommunication in South Australia Select Committee on Pitjantjatjara Land Rights Select Committee on Staffing, Resourcing and Efficiency of the South Australia Police Select Committee on Mount Gambier Health Service Select Committee on the Status of Fathers in South Australia Select Committee on the Electricity Industry in South Australia Select Committee on the Role and Adequacy of Government Funded National Broadcasting Select Committee on the Offices of the Director of Public Prosecution and the Coroner
List of Bills considered by Legislative Council
	Total Number of Bills considered by Legislative Council Total Number of Bills passed by both Houses Bills considered by Legislative Council which have not passed both Houses
Sittings of Council
List of Bills passed by Legislative Council
	Bills originated in Legislative Council Bills originated in House of Assembly
List of Legislative Council Bills amended by Legislative Council and House of Assembly
List of House of Assembly Bills amended by Legislative Council
Substantive Motions and Resolutions
	Address-in-Reply President of the Legislative Council - Rulings and Statements - Censure Motions Condolence Motions Government Motions Motions on LC Select Committees Motions on Joint Committees Motions for Disallowance of Regulations, Rules and By-laws Private Members’ Motions
Petitions
Synopsis of Legislation

MEMBERS OF THE LEGISLATIVE COUNCIL
___________

The Hon. Ronald Roy ROBERTS (President of the Legislative Council)

The Hon. Terry Gordon CAMERON, J.P.

The Hon. John Samuel Letts DAWKINS, A.D.F.M.

The Hon. Andrew Lee EVANS, O.A.M.

The Hon. Gail Elizabeth GAGO

The Hon. John Mario GAZZOLA

The Hon. Ian GILFILLAN

The Hon. Paul HOLLOWAY, B.Sc., B.E.(Hons.), B.Ec.
(Minister for Agriculture, Food and Fisheries, Minister for Mineral Resources Development, until 5 March 2004; Attorney-General, Minister for Justice from 30 June 2003 until 29 August 2003; Minister for Industry, Trade and Regional Development, Minister for Mineral Resources Development, Minister for Small Business from 5 March 2004)

The Hon. Sandra Myrtho KANCK, Dip.T.

The Hon. Robert David LAWSON, Q.C., R.F.D., B.A., LL.B.

The Hon. Jacqueline Michelle Ann LENSINK, B.App.Sc. (Physiotherapy), M.B.A

The Hon. Robert Ivan LUCAS, B.Sc., B.Ec., M.B.A.
(Leader of the Opposition, Legislative Council)

The Hon. Angus John REDFORD, LL.B.

The Hon. Kathryn Joy REYNOLDS

The Hon. David Wickham RIDGWAY

The Hon. Terance Gerald ROBERTS
(Minister for Aboriginal Affairs and Reconciliation, Minister for Correctional Services, Minister Assisting the Minister for Environment and Conservation)

The Hon. Caroline Veronica SCHAEFER

The Hon. Robert Kenneth SNEATH

The Hon. Julian Ferdinand STEFANI, O.A.M.

The Hon. Terence John STEPHENS

The Hon. Nicholas XENOPHON, LL.B.

The Hon. Carmel ZOLLO

OFFICERS OF THE LEGISLATIVE COUNCIL
___________

PRESIDENT
	The Hon. Ronald Roy ROBERTS
CLERK OF THE LEGISLATIVE COUNCIL
	Mrs. Janice M. DAVIS, B.A.(Juris.)
DEPUTY CLERK AND USHER OF THE BLACK ROD
	Mr. Trevor R. BLOWES, B.A.
CLERK-ASSISTANT
	Mr. Christopher D. SCHWARZ, B.A.(Comm.), Grad.Dip.Soc.Sc. (Pol.Admin.)
PARLIAMENTARY OFFICER
	Ms. Noeleen M. Ryan

COMMITTEES
___________

COMMITTEES APPOINTED UNDER PARLIAMENTARY COMMITTEES ACT 1991 INCLUSIVE OF LEGISLATIVE COUNCIL MEMBERS ___________
ENVIRONMENT, RESOURCES AND DEVELOPMENT COMMITTEE
	Appointed 7 May 2002
		The Hon G E Gago MLC* The Hon S M Kanck MLC The Hon D W Ridgway MLC	Ms L R Breuer MP The Hon M Buckby MP Mr T Koutsantonis MP
*Appointed 10 November 2003 Committee Secretary: Mr. P. Frensham
LEGISLATIVE REVIEW COMMITTEE
	Appointed 7 May 2002
		The Hon J M Gazzola MLC The Hon I Gilfillan MLC The Hon A J Redford MLC	Mrs R K Geraghty MP Mr K Hanna MP The Hon D C Kotz MP
Acting Committee Secretary: Ms. K. Willis-Arnold, B.A.(Hons.).
SOCIAL DEVELOPMENT COMMITTEE
	Appointed 7 May 2002
		The Hon T G Cameron MLC The Hon G E Gago MLC The Hon JMA Lensink MLC	Ms F E Bedford MP Mr G Scalzi MP Mr J Snelling MP
Committee Secretary: Ms. R. Schutte, B.A., Grad.Dip.Bus.Admin.
STATUTORY AUTHORITIES REVIEW COMMITTEE
	Appointed 7 May 2002
		The Hon A L Evans MLC The Hon C V Schaefer MLC The Hon R K Sneath MLC	The Hon T J Stephens MLC The Hon N Xenophon MLC
Committee Secretary: Mr. G. Hickery, B.Ec.
OCCUPATIONAL SAFETY, REHABILITATION AND COMPENSATION COMMITTEE
	Appointed 7 May 2002
		The Hon J M Gazzola MLC The Hon I Gilfillan MLC The Hon A J Redford MLC	Mr P Caica MP Mr K Hanna MP Mrs I M Redmond MP
Committee Secretary: Mr. R. Crump, B.Sc.(Phys.Ed.), LL.B.
STATUTORY OFFICERS COMMITTEE
	Appointed 7 May 2002
		The Hon P Holloway MLC (Minister for Industry, Trade & Regional Development) The Hon I Gilfillan MLC The Hon R D Lawson MLC	The Hon M J Atkinson MP (Attorney-General) Dr D McFetridge MP Mr J R Rau MP
Committee Secretary: Mr. T. R. Blowes, B.A.
NATURAL RESOURCES COMMITTEE
	Appointed 3 December 2003
		The Hon S M Kanck MLC The Hon C V Schaefer MLC The Hon R K Sneath MLC	Mr P Caica MP Ms V Ciccarello MP Ms K A Maywald MP Mr M Williams MP
Committee Secretary: Mr. K. Cudarans
COMMITTEE APPOINTED UNDER ABORIGINAL LANDS PARLIAMENTARY STANDING COMMITTEE ACT 2003 ___________
ABORIGINAL LANDS PARLIAMENTARY STANDING COMMITTEE
	Appointed 22 October 2003
		The Hon T G Roberts MLC (Minister for Aboriginal Affairs and Reconciliation) The Hon J M Gazzola MLC The Hon R D Lawson MLC The Hon K J Reynolds MLC	Ms L R Breuer MP Mr K Hanna MP Dr D McFetridge MP
Executive/Research Officer: Mr. J. Nicholls, B.A.(Hons.)
JOINT COMMITTEES ___________
JOINT PARLIAMENTARY SERVICE COMMITTEE
	Appointed 7 May 2002
		The President (The Hon R R Roberts MLC) The Hon JSL Dawkins MLC The Hon C Zollo MLC	The Speaker (The Hon I P Lewis MP) Mrs R K Geraghty MP Mr I Venning MP*
*Appointed 31 May 2004
JOINT COMMITTEE ON A CODE OF CONDUCT FOR MEMBERS OF PARLIAMENT
	Appointed 16-17 July 2003
		The Hon J M Gazzola MLC The Hon R D Lawson MLC The Hon N Xenophon MLC	Ms V A Chapman MP Mr J R Rau MP The Hon R B Such MP
SESSIONAL COMMITTEES ___________
STANDING ORDERS COMMITTEE
	Appointed 15 September 2003
		The President (The Hon R R Roberts MLC) The Hon P Holloway MLC (Minister for Industry, Trade & Regional Development)	The Hon R D Lawson MLC The Hon R I Lucas MLC The Hon C Zollo MLC
PRINTING COMMITTEE
	Appointed 15 September 2003
		The Hon G E Gago MLC The Hon J M Gazzola MLC The Hon JMS Lensink MLC	The Hon R K Sneath MLC The Hon T J Stephens MLC
SELECT COMMITTEES ___________
INTERNET AND INTERACTIVE HOME GAMBLING AND GAMBLING BY OTHER MEANS OF TELECOMMUNICATIONS IN SOUTH AUSTRALIA
	Appointed 15 May 2002
		The Hon P Holloway MLC (Minister for Industry, Trade & Regional Development) The Hon J M Gazzola MLC	The Hon R I Lucas MLC The Hon A J Redford MLC The Hon N Xenophon MLC
Reported 20 July 2004
PITJANTJATJARA LAND RIGHTS
	Appointed 29 August 2002
		The Hon T G Roberts MLC (Minister for Aboriginal Affairs and Reconciliation The Hon J M Gazzola MLC The Hon S M Kanck MLC	The Hon R D Lawson MLC The Hon C V Schaefer MLC The Hon N Xenophon MLC
Reported 2 June 2004
STAFFING, RESOURCING AND EFFICIENCY OF THE SOUTH AUSTRALIA POLICE
	Appointed 2 April 2003
		The Hon JSL Dawkins MLC The Hon G E Gago MLC The Hon I Gilfillan MLC	The Hon R D Lawson MLC The Hon R K Sneath MLC
MOUNT GAMBIER DISTRICT HEALTH SERVICE
	Appointed 15 October 2003
		The Hon T G Roberts MLC (Minister for Aboriginal Affairs and Reconciliation) The Hon G E Gago MLC	The Hon S M Kanck MLC The Hon A J Redford MLC The Hon D W Ridgway MLC
THE STATUS OF FATHERS IN SOUTH AUSTRALIA
	Appointed 22 October 2003
		The JSL Dawkins MLC The Hon A L Evans MLC The Hon J M Gazzola MLC	The Hon JMA Lensink MLC The Hon K J Reynolds MLC The Hon C Zollo MLC
ELECTRICITY INDUSTRY IN SOUTH AUSTRALIA
	Appointed 3 December 2003
		The Hon P Holloway MLC (Minister for Industry, Trade & Regional Development) The Hon S M Kanck MLC The Hon R I Lucas MLC	The Hon R K Sneath MLC The Hon T J Stephens MLC The Hon N Xenophon MLC
THE ROLE AND ADEQUACY OF GOVERNMENT FUNDED NATIONAL BROADCASTING
	Appointed 31 March 2004
		The Hon JSL Dawkins MLC The Hon G E Gago MLC The Hon T J Stephens MLC	The Hon N Xenophon MLC The Hon C Zollo MLC
THE OFFICES OF THE DIRECTOR OF PUBLIC PROSECUTIONS AND THE CORONER
	Appointed 2 June 2004
		The Hon I Gilfillan MLC The Hon R D Lawson MLC The Hon A J Redford MLC	The Hon R K Sneath MLC The Hon C Zollo MLC

LIST OF BILLS CONSIDERED BY LEGISLATIVE COUNCIL ___________
TOTAL NUMBER OF BILLS CONSIDERED BY LEGISLATIVE COUNCIL
		Legislative Council origin	47
		House of Assembly origin	63
			110
TOTAL NUMBER OF BILLS PASSED BY BOTH HOUSES
		Legislative Council origin	18
		House of Assembly origin	48
			66
BILLS CONSIDERED BY COUNCIL WHICH HAVE NOT PASSED BOTH HOUSES
	Legislative Council origin:
		Children’s Protection (Mandatory Reporting) Amendment - lapsed in Council. Civil Liability (Privilege of Internet Reports) Amendment - lapsed in Council. Commission of Inquiry into Child Sexual Abuse - lapsed in Council. Correctional Services (Parole) Amendment - lapsed in Council. Crown Lands (Freeholding) Amendment - laid aside in Council. Development (Protection of Solar Collectors) Amendment - lapsed in Council. Dignity in Dying - negatived in Council. Environment Protection (Plastic Shopping Bags) Amendment - lapsed in Council. Equal Opportunity (Carer’s Responsibilities) Amendment - lapsed in House of Assembly. Gene Technology (Responsibility for the Spread of Genetically Modified Plant Material) - lapsed in Council. Industrial and Employee Relations (Exemption of Small Business) Amendment - lapsed in Council. Industrial and Employee Relations (Prohibition Against Bargaining Services Fee) Amendment - lapsed in Council. Members of Parliament (Register of Interests) (Overseas Travel) - lapsed in House of Assembly. Midwives - lapsed in Council. Motor Vehicles (Emergency Contact Details) Amendment - lapsed in House of Assembly. Motor Vehicles (Roadworthiness Inspection Scheme) Amendment - lapsed in Council. Occupational Health Safety and Welfare (Asbestos Removal Work) - lapsed in Council. Parliamentary Superannuation (Choice of Superannuation) Amendment - lapsed in Council. Pitjantjatjara Land Rights (Regulated Substances) Amendment - lapsed in Council. Public Intoxication (Aboriginal Lands) Amendment - lapsed in Council. State Supply (Procurement of Software) Amendment - negatived in Council. Statutes Amendment (Games and Appeals) - lapsed in Council. Statutes Amendment (Gaming Machine Regulation - Alcohol and Betting Rate) - lapsed in Council. Statutes Amendment (Limitations on Coin and Cash Facilities) - lapsed in Council. Summary Offences (Loitering) Amendment - lapsed in Council. Superannuation Funds Management Corporation of South Australia (Miscellaneous) Amendment - lapsed in Council. Tobacco Products Regulation (Clean Air Zones) Amendment - lapsed in Council. Tobacco Products Regulation (Smoking in the Casino and Gaming Venues) Amendment - lapsed in Council. Victims of Crime (Statutory Compensation for Victims of Certain Sexual Offences) Amendment - lapsed in Council.
	House of Assembly origin:
		Constitution (Oath of Allegiance) Amendment - lapsed in Council. Criminal Law Consolidation (Abolition of the Drunk’s Defence) Amendment - lapsed in Council. Crown Lands (Miscellaneous) Amendment - lapsed in House of Assembly. Medical Practice - lapsed in Council. Parliamentary Committees (Functions of Economic and Finance Committee) Amendment - negatived in Council. Prevention of Cruelty to Animals (Prohibited Surgical and Medical Procedures) Amendment - lapsed in Council. Professional Standards - lapsed in Council. Public Finance and Audit (Honesty and Accountability in Government) Amendment - lapsed in House of Assembly. Stamp Duties (Miscellaneous) Amendment - lapsed in Council. Statutes Amendment (Intervention Programs and Sentencing Procedures) - laid aside in Council. Statutes Amendment (Investigation and Regulation of Gambling Licensees) - lapsed in House of Assembly. Statutes Amendment and Repeal (Aggravated Offences) - lapsed in Council. Summary Offences (Tattooing and Piercing) Amendment - lapsed in Council. Tobacco Products Regulation (Further Restrictions) Amendment - lapsed in Council. Victims of Crime (Criminal Injuries Compensation Regulations) Amendment - lapsed in House of Assembly.

SITTINGS OF COUNCIL
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The Council met on 63 days and sat for a total number of 342 hours 29 minutes.

LIST OF BILLS WHICH PASSED BOTH
HOUSES OF PARLIAMENT
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ORIGINATED IN THE LEGISLATIVE COUNCIL
	Bill No.	Act No.
Administration and Probate (Administration Guarantees) Amendment	8	40 of 2003
Authorised Betting Operations (Betting Review) Amendment	74, 74A	11 of 2004
Administration and Probate (Administration Guarantees) Amendment	8	40 of 2003
Cooper Basin (Ratification) Amendment	5	43 of 2003
Dried Fruits Repeal	4	42 of 2003
Firearms (COAG Agreement) Amendment	9, 9A	37 of 2003
Gas (Temporary Rationing) Amendment	75	17 of 2004
Genetically Modified Crops Management	68, 68A	8 of 2004
Law Reform (Ipp Recommendations)	32, 32A	9 of 2004
Local Government (Flood Mitigation Infrastructure) Amendment	79	13 of 2004
Meat Hygiene (Miscellaneous) Amendment	63	14 of 2004
Pitjantjatjara Land Rights (Executive Board) Amendment	85	25 of 2004
Southern State Superannuation (Visiting Medical Officers) Amendment	26	59 of 2003
Statute Law Revision	7	44 of 2003
Statutes Amendment (Expiation of Offences)	14, 14A	53 of 2003
Statutes Amendment (Mining)	24	39 of 2003
Statutes Amendment and Repeal (Starr-Bowkett Societies)	6	38 of 2003
Survey (Miscellaneous) Amendment	13, 13A	61 of 2003
Veterinary Practice	25	41 of 2003

ORIGINATED IN THE HOUSE OF ASSEMBLY
	Bill No.	Act No.
Appropriation	95	31 of 2004
Australian Crime Commission (South Australia)	76	7 of 2004
Australian Energy Market Commission Establishment	98	24 of 2004
Authorised Betting Operations (Licence and Permit Conditions) Amendment	28	50 of 2003
Chicken Meat Industry (Arbitration) Amendment	107	32 of 2004
Commission of Inquiry (Children in State Care)	106, 106A	33 of 2004
Consent to Medical Treatment and Palliative Care (Prescribed Forms) Amendment	71	12 of 2004
Conveyancers (Corporate Structures) Amendment	103	26 of 2004
Criminal Law Consolidation (Identity Theft) Amendment	53, 53A	60 of 2003
Dog and Cat Management (Miscellaneous) Amendment	69, 69A	18 of 2004
Education (Materials and Services Charges) Amendment	45, 45A	52 of 2003
Emergency Management	100	30 of 2004
Emergency Services Funding (Validation of Levy on Vehicles and Vessels)	36	45 of 2003
Freedom of Information (Miscellaneous) Amendment	70	5 of 2003
Gaming Machines (Extension of Freeze) Amendment	83	31 of 2002
Health and Community Services Complaints	2, 2A	22 of 2004
Highways (Authorised Transport Infrastructure Projects) Amendment	51, 51A	62 of 2003
Land Agents (Indemnity Fund-Growden Default) Amendment	102	29 of 2004
Legal Practitioners (Miscellaneous) Amendment	52	55 of 2003
Liquor Licensing (Miscellaneous) Amendment	66	3 of 2004
Lottery and Gaming (Lottery Inspectors) Amendment	35	48 of 2003
Motor Vehicles (Suspension of Licences of Medically Unfit Drivers) Amendment	67	6 of 2004
National Electricity (South Australia) (New Penalty) Amendment	44	51 of 2003
National Environment Protection Council (South Australia) (Miscellaneous) Amendment	54	58 of 2003
National Parks and Wildlife (Innamincka Regional Reserve) Amendment	50	63 of 2003
Natural Resources Management	77, 77A	34 of 2004
Parliamentary Remuneration (Non-Monetary Benefits) Amendment	104	39 of 2004
Passenger Transport (Dissolution of Passenger Transport Board) Amendment	34	54 of 2003
Pastoral Land Management and Conservation (Miscellaneous) Amendment	91, 91A	35 of 2004
Primary Produce (Food Safety Schemes)	84	20 of 2004
Problem Gambling Family Protection Orders	64, 64A	10 of 2004
State Procurement	90, 90A	28 of 2004
Statutes Amendment (Anti-Fortification)	22, 22A	46 of 2003
Statutes Amendment (Budget 2004)	93	21 of 2004
Statutes Amendment (Bushfire Summit Recommendations)	55	57 of 2003
Statutes Amendment (Co-managed Parks)	92, 92A	27 of 2004
Statutes Amendment (Computer Offences)	60	2 of 2004
Statutes Amendment (Courts)	78, 78A	23 of 2004
Statutes Amendment (Division of Superannuation Interests under Family Law Act)	43	49 of 2003
Statutes Amendment (Electricity and Gas)	99, 99A	36 of 2004
Statutes Amendment (Miscellaneous Superannuation Measures)	96, 96A	37 of 2004
Summary Offences (Consumption of Dogs and Cats) Amendment	65	4 of 2004
Summary Offences (Offensive Weapons) Amendment	23, 23A	5 of 2004
Summary Offences (Vehicle Immobilisation Devices) Amendment	42	56 of 2003
Supply	82	19 of 2004
Trans-Tasman Mutual Recognition (South Australia) (Removal of Sunset Clause) Amendment	105	38 of 2004
University of Adelaide (Miscellaneous) Amendment	3, 3A	47 of 2003
Zero Waste SA	58	1 of 2004

LIST OF LEGISLATIVE COUNCIL BILLS
AMENDED BY LC AND HA
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Title of Bill	No. of Amendments made by L.C.	No. of Amendments made by by H.A.	No. of Amendments agreed to by L.C.	No. of Amendments disagreed to by L.C.	No. of Amendments not insisted on by H.A.	No. of Amendments insisted on by H.A.	Conference/ Resolution
Authorised Betting Operations (Betting Review) Amendment	1	-	-	-	-	-	-
Firearms (COAG Agreement) Amendment	34	4	4	-	-	-	-
Genetically Modified Crops Management	7	3	3	-	-	-	-
Law Reform (Ipp Recommendations)	9	1	1	-	-	-	-
Motor Vehicles (Emergency Contact Details) Amendment	1	-	-	-	-	-	Lapsed due to Prorogation.
Statutes Amendment (Expiation of Offences)	2	-	-	-	-	-	-
Survey (Miscellaneous) Amendment	1	1	-	1	1	-	-

LIST OF HOUSE OF ASSEMBLY BILLS
AMENDED BY LEGISLATIVE COUNCIL
___________

Title of Bill	No. of Amendments made by L.C.	No. of Amendments agreed to by by H.A.	No. of Amendments disagreed to by H.A.	No. of Amendments not insisted on by L.C.	No. of Amendments insisted on by L.C.	Conference/ Resolution
Commission of Inquiry (Children in State Care)	14	7	7	7	-	-
Criminal Law Consolidation (Identity Theft) Amendment	1	1	-	-	-	-
Crown Lands (Miscellaneous) Amendment	6	-	-	-	-	Lapsed due to Prorogation.
Dog and Cat Management (Miscellaneous) Amendment	10	10	-	-	-	-
Education (Materials and Services Charges) Amendment	2	2	-	-	-	-
Health and Community Services Complaints	42	12 1 with amendment.	29	-	29 Amendment disagreed to.	Conference - Agreement reached.
Highways (Authorised Transport Infrastructure Projects) Amendment	20	-	20	20	-	-
Natural Resources Management	114	114	-	-	-	-
Pastoral Land Management and Conservation (Miscellaneous) Amendment	4	4	-	-	-	-
Problem Gambling Family Protection Orders	3	3	-	-	-	-
Professional Standards	2	-	-	-	-	Lapsed due to Prorogation.
Public Finance and Audit (Honesty and Accountability in Government) Amendment	4	-	-	-	-	Lapsed due to Prorogation.
State Procurement	2	2	-	-	-	-
Statutes Amendment (Anti-Fortification)	2	2	-	-	-	-
Statutes Amendment (Co-managed Parks)	1	1	-	-	-	-
Statutes Amendment (Courts)	3	3	-	-	-	-
Statutes Amendment (Electricity and Gas)	2	2	-	-	-	-
Statutes Amendment (Intervention Programs and Sentencing Procedures)	3	-	3	-	3	Bill laid aside.
Statutes Amendment (Investigation and Regulation of Gambling Licences)	30	28	2	-	2	Lapsed due to Prorgation.
Statutes Amendment (Miscellaneous Superannuation Measures)	8	8	-	-	-	-
Summary Offences (Offensive Weapons) Amendment`	1	-	1	1	-	-
Summary Offences (Tattooing and Piercing) Amendment	3	-	-	-	-	Lapsed due to Prorgation.
University of Adelaide (Miscellaneous) Amendment	14	14	-	-	-	-
Victims of Crime (Criminal Injuries Compensation Regulations) Amendment	3	1	2	-	-	Lapsed due to Prorgation.

SUBSTANTIVE MOTIONS AND RESOLUTIONS
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Only substantive motions are listed below and do not include procedural or formal motions.
ADDRESS-IN-REPLY - motion for adoption of -
	Moved by The Hon C Zollo, 16 September 2003. Seconded by The Hon R K Sneath, 16 September 2003. Adopted and presented to Her Excellency The Governor on 28 May 2002.
PRESIDENT OF THE LEGISLATIVE COUNCIL - RULINGS AND STATEMENTS -
	50th Anniversary of Opening of Parliament by Her Majesty The Queen, 23 March 2004.
	50th Anniversary of Opening of Parliament by Her Majesty The Queen - letter of thanks, 24 May 2004.
	Clerical Amendment - Health and Community Services Complaints Bill, 4 May 2004.
	Crown Lands (Freeholding) Amendment Bill dealing with Public Estate deemed a Money Bill and therefore cannot be introduced by Private Member, 24 September 2003.
	Proceedings of Committees cannot be disclosed in Chamber before Committee has reported, 27 November 2003.
	Principle of sub judice, 15 September 2003.
	Pursuant to Standing Order No. 299, matter being debated was not confined to clause and amendment immediately before Committee - Chairman’s Ruling upheld by President: Dissent from President’s Ruling moved by TheHon A J Redford and agreed to, 4 May 2004.
CENSURE MOTIONS -
	Re Rann Government -
		Moved by The R D Lawson, 24 March 2004, amendment moved by The Hon S M Kanck, amendment agreed to, motion, as amended, agreed to 24 March 2004.
CONDOLENCE MOTIONS -
	Bali Terrorist Bombings, First Anniversary -
		Motion moved by the Minister for Agriculture, Food and Fisheries and carried in silence, 13 October 2003.
	Death of Mr David Boundy -
		Motion of regret moved by the Minister for Agriculture, Food and Fisheries and carried in silence, 16 September 2003.
	Death of The Hon T M Casey -
		Motion of regret moved by the Minister for Agriculture, Food and Fisheries and carried in silence, 13 October 2003.
	Death of Mr Sean Michael Johnson -
		Motion of regret moved by the Minister for Agriculture, Food and Fisheries and carried in silence, 16 February 2004.
	Death of The Hon J D Corcoran -
		Motion of regret moved by the Minister for Agriculture, Food and Fisheries and carried in silence, 16 February 2004.
	Death of The Hon A F Kneebone -
		Motion of regret moved by the Minister for Agriculture, Food and Fisheries and carried in silence, 23 February 2004.
	Death of The Hon R K Abbott -
		Motion of regret moved by the Minister for Industry, Trade and Regional Development and carried in silence, 23 March 2004.
	Death of Mr John Mathwin -
		Motion of regret moved by the Minister for Industry, Trade and Regional Development and carried in silence, 24 June 2004.
GOVERNMENT MOTIONS -
	Aboriginal Lands Trust Act - Transfer of Certain Land -
		Moved by the Minister for Aboriginal Affairs and Reconciliation, 23 March 2004 and agreed to 25 March 2004.
	Address to Her Majesty The Queen, Adoption of -
		Moved by the Minister for Industry, Trade and Regional Development and agreed to 23 March 2004.
	Botanic Gardens and State Herbarium Act - Disposal of Interest in Land -
		Moved by the Minister for Aboriginal Affairs and Reconciliation, 2 June 2004 and agreed to 22 July 2004.
	Citizen’s Right of Reply -
		Moved by the Minister for Agriculture, Food and Fisheries, 16 September 2003, amended and agreed to, 14 October 2003.
	Monday Sittings -
		Moved by the Minister for Agriculture, Food and Fisheries and agreed to, 16 September 2003.
	National Parks and Wildlife Act - Governor to make Proclamation - Great Australian Bight Marine National Park -
		Moved by the Minister for Aboriginal Affairs and Reconciliation, 1 December 2003 and agreed to 1 December 2003.
SELECT COMMITTEES - COUNCIL -
	Internet and Interactive Home Gambling and Gambling by other means of Telecommunication in South Australia -
		Power to sit during the present Session - moved by the Minister for Agriculture, Food and Fisheries and agreed to, 15 September 2003.
		Extension of time for bringing up Report - moved by the Minister for Agriculture, Food and Fisheries and agreed to, 3 December 2003, 19 July 2004.
		Report brought up 20 July 2004.
		Report noted - moved by the Minister for Industry, Trade and Regional Development and agreed to 21 July 2004.
	Pitjantjatjara Land Rights
		Power to sit during the present Session - moved by the Minister for Aboriginal Affairs and Reconciliation and agreed to, 15 September 2003.
		Extension of time for bringing up Report - moved by the Minister for Agriculture, Food and Fisheries and agreed to, 3 December 2003.
		Report brought up, 2 June 2004.
		Report noted - moved by the Minister for Aboriginal Affairs and Reconciliation, 2 June 2004. (Motion lapsed due to Prorogation.)
		Evidence to be provided to the Aboriginal Lands Parliamentary Standing Committee moved by the Minister for Aboriginal Affairs and Reconciliation, 2 June 2004 and agreed to, 21 July 2004.
	Staffing, Resourcing and Efficiency of the South Australia Police -
		Power to sit during the present Session - moved by The Hon R K Sneath and agreed to, 15 September 2003.
		Extension of time for bringing up Report - moved by The Hon R K Sneath and agreed to, 3 December 2003.
		Power to sit during the recess - moved by The Hon R K Sneath and agreed to, 19 July 2004.
	Mount Gambier District Health Service -
		Moved by The Hon A J Redford, 17 September 2003, amendment moved by The Hon D W Ridgway, 24 September 2003, amendment moved by The Hon G E Gago, 15 October 2003, amendments moved by The Hon S M Kanck, 15 October 2003, amendments of The Hon D W Ridgway and The Hon S M Kanck agreed to, motion, as amended, agreed to, 15 October 2003.
		Extension of time for bringing up Report - moved by the Minister for Aboriginal Affairs and Reconciliation and agreed to, 3 December 2003.
		Interim Report brought up, 20 July 2004.
		Interim Report noted - moved by the Minister for Aboriginal Affairs and Reconciliation, 21 July 2004. (Motion lapsed due to Prorogation.)
		Power to sit during the recess - moved by the Minister for Aboriginal Affairs and Reconciliation and agreed to, 19 July 2004.
	The Status of Fathers in South Australia -
		Moved by the The Hon A L Evans, 24 September 2003, amendment moved by The Hon C Zollo, amendment agreed to, motion, as amended, agreed to, 22 October 2003.
		Extension of time for bringing up Report - moved by The Hon C Zollo and agreed to, 3 December 2003.
		Power to sit during the recess - moved by The Hon C Zollo and agreed to, 19 July 2004.
	Electricity Industry in South Australia -
		Moved by the The Hon S M Kanck, 26 November 2003, amendment moved by The Hon N Xenophon, amendment agreed to, motion, as amended, agreed to, 3 December 2003.
		Power to sit during the recess - moved by the Minister for Industry, Trade and Regional Devlopment and agreed to, 19 July 2004.
	Role and Adequacy of Government Funded National Broadcasting -
		Moved by the The Hon N Xenophon, 24 March 2004 and agreed to 31 March 2004.
		Power to sit during the recess - moved by The Hon N Xenophon and agreed to, 19 July 2004.
	Offices of the Director of Public Prosecution and the Coroner -
		Moved by the The Hon I Gilfillan, 5 May 2004 and agreed to, 2 June 2004.
		Power to sit during the recess - moved by The Hon I Gilfillan and agreed to, 21 July 2004.
COMMITTEES - JOINT -
	Code of Conduct for Members of Parliament -
		Power to sit during the present Session - moved by The Hon J M Gazzola and agreed to, 15 September 2003..
		Power to sit during recess - moved by the Minister for Industry, Trade and Regional Development and agreed to, 19 July 2004.
MOTIONS FOR DISALLOWANCE OF REGULATIONS, RULES AND BY-LAWS -
	Moved by Member on own behalf -
		Liquor Licensing Act - Long Term Dry Areas - Adelaide, North Adelaide - Moved by The Hon K J Reynolds, 26 November 2003 and disagreed to, 21 July 2004.
		Victims of Crime Act - General Regulations - Moved by The Hon A J Redford, 17 September 2003. (Identical motion moved by The Hon J M Gazzola and agreed to.)
		Victims of Crime Act - Victims’ Compensation - Moved by The Hon A J Redford and agreed to, 2 June 2004.
	Moved by Member on behalf of Legislative Review Committee -
		Plumbers, Gasfitters and Electricians Act - Exemptions - Moved by The Hon J M Gazzola and agreed to, 26 May 2004.
		Victims of Crime Act - Compensation - Moved by The Hon J M Gazzola, 5 May 2004. (Withdrawn in LC as Regulation disallowed in HA.).
		Victims of Crime Act - General Regulations - Moved by The Hon J M Gazzola, 15 October 2003 and agreed to, 16 October 2003.
PRIVATE MEMBERS' MOTIONS -
	Abandonment of Plan for National Nuclear Waste Dump in South Australia -
		Moved by The Hon S M Kanck, 21 July 2004. (Motion lapsed due to Prorogation.)
	Appointment of Women to the South Australian Judiciary -
		Moved by The Hon JMA Lensink, 24 September 2003 and agreed to, 22 October 2003.
	Appointments made since State Government installed in March 2002 -
		Moved by The Hon R I Lucas, 2 June 2004. (Motion lapsed due to Prorogation.)
	Auditor-General, Report 2002-2003 - noting of -
		Moved by The Hon R I Lucas, 21 July 2004. (Motion lapsed due to Prorogation.)
	Availability of Members’ Travel Reports on Internet -
		Moved by The Hon N Xenophon, 24 September 2003, amendment moved by the Minister for Agriculture, Food and Fisheries, amendment agreed to, motion, as amended agreed to, 22 October 2003.
	Children under Ministerial Guardianship - Select Committee on -
		Moved by The Hon R D Lawson, 31 March 2004. (Motion lapsed due to Prorogation.)
	Detention of Children -
		Moved by The Hon K J Reynolds, 30 June 2004 and agreed to, 21 July 2004.
	Dispute between Mutual Community and Healthscope Limited -
		Moved by The Hon N Xenophon, 15 October 2003, and discharged, 26 November 2003.
	Environment, Resources and Development Committee - Annual Report, 2002-2003 - Noting of -
		Moved by The Hon G E Gago, 26 November 2003 and agreed to, 31 March 2004.
	Environment, Resources and Development Committee - Report on an Inquiry into Wind Farms - Noting of -
		Moved by The Hon G E Gago, 24 March 2004 and agreed to, 31 March 2004.
	Environment, Resources and Development Committee - Report on Stormwater Management - Noting of -
		Moved by The Hon J M Gazzola, 24 September 2003 and agreed to, 15 October 2003.
	Financial Situation of Small Wineries -
		Moved by The Hon C Zollo, 18 February 2003. (Motion lapsed due to Prorogation.)
	Free Trade Agreement -
		Moved by The Hon I Gilfillan, 22 October 2003 and negatived, 4 December 2003.
	Functions and Powers of Medical Board of South Australia - Statutory Authorities Review Committee to Inquire into -
		Moved by The Hon N Xenophon, 24 March 2004. (Motion lapsed due to Prorogation.)
	Honorary Doctorate by Flinders University to The Hon D V Laidlaw -
		Moved by The Hon JMA Lensink, 26 November 2003 and agreed to, 3 December 2003.
	Legislative Review Committee to examine the Establishment of a Criminal Cases Review Commission -
		Moved by The Hon R D Lawson, 5 May 2004. (Motion lapsed due to Prorogation.)
	Legislative Review Committee - Report on Regulations under the Controlled Substances Act -
		Moved by The Hon J M Gazzola, 25 February 2004, and agreed to, 26 May 2004.
	Listing of Parliament House on National Heritage Register - Resolution from House of Assembly be agreed to -
		Moved by the Minister for Industry, Trade and Regional Development and agreed to, Message No. 91 to House of Assembly, 22 July 2004.
	Mandatory Detention - Pacific Solution -
		Moved by The Hon K J Reynolds, 22 October 2003, amendment moved by the Minister for Aboriginal Affairs and Reconciliation, 3 December 2003, amendment to amendment moved by the Minister for Aboriginal Affairs and Reconciliation moved by The Hon C Zollo, words proposed to be struck out by Minister, not struck out, motion negatived, 4 December 2003.
	Marine Protected Areas - Natural Resources Committee to inquire into -
		Moved by The Hon S M Kanck, 18 February 2003, amendment moved by The Hon G E Gago, 26 May 2003, amendment agreed to and motion, as amended, agreed to, 2 June 2004.
	NAIDOC Person of the Year - Senator Aden Ridgeway -
		Moved by The Hon K J Reynolds, 21 July 2004. (Motion lapsed due to Prorogation.)
	Occupational Safety, Rehabilitation and Compensation Committee - Interim Report on the Statutes Amendment (WorkCover Governance Reform) Bill and the Occupational Health, Safety and Welfare (SafeWork SA) Amendment Bill, Noting of -
		Moved by The Hon J M Gazzola, 26 November 2003. (Motion lapsed due to Prorogation.)
	Occupational Safety, Rehabilitation and Compensation Committee - Report on Statutes Amendment (WorkCover Governance Reform) Bill, Noting of -
		Moved by The Hon J M Gazzola, 5 May 2004. (Motion lapsed due to Prorogation.)
	President’s Ruling regarding Crown Lands (Freeholding) Amendment Bill -
		Moved by The Hon I Gilfillan, 15 October 2003. (Motion lapsed due to Prorogation.)
	Questions Without Notice - Minimum Number of Questions -
		Moved by The Hon N Xenophon, 18 February 2004. (Motion lapsed due to Prorogation.)
	Retention of Open Space at Lochiel Park -
		Moved by the Minister for Aboriginal Affairs Reconciliation, 24 September 2003, amendment moved by The Hon T G Cameron, 26 November 2003. (Motion lapsed due to Prorogation.)
	Social Development Committee - Report on an Inquiry into Obesity, Noting of -
		Moved by The Hon G E Gago, 5 May 2004 and agreed to, 26 May 2004.
	Social Development Committee - Report on an Inquiry into Supported Accommodation, Noting of -
		Moved by The Hon G E Gago, 26 November 2003 and agreed to, 31 March 2004.
	South Australian Country Women’s Association -
		Moved by The Hon C Zollo, 5 May 2004 and agreed to, 30 June 2004.
	Statutory Authorities Review Committee - Report on Fifth Inquiry into Timeliness of Annual Reporting by Statutory Authorities, 2001-2002, Noting of -
		Moved by The Hon R K Sneath, 26 May 2004 and agreed to, 2 June 2004.
	Statutory Authorities Review Committee - Report on an Inquiry into HomeStart Finance, Noting of -
		Moved by The Hon R K Sneath, 30 June 2004. (Motion lapsed due to Prorogation.)
	Statutory Authorities Review Committee - Report on an Inquiry into the South Australian Housing Trust, Noting of -
		Moved by The Hon R K Sneath, 12 November 2003 and agreed to, 3 December 2003.
	Statutory Authorities Review Committee - Report of Management of West Terrace Cemetery by the Adelaide Cemeteries Authority, Noting of -
		Moved by The Hon R K Sneath and agreed to, 17 September 2003.
	Statutory Authorities Review Committee - Report 2002-2003, Noting of -
		Moved by The Hon R K Sneath, 24 September 2003 and agreed to, 15 October 2003.
	Strategic Plan for Maintenance and Enhancement of South Australia’s Infrastructure -
		Moved by The Hon S M Kanck, 25 February 2003 and agreed to, 21 July 2004.

PETITIONS
___________

FALSE CLAIMS THAT THE NGARRINDJERI PEOPLE FABRICATED THEIR CULTURE
	Praying that this Council will will make an official apology to the Ngarrindjeri people which will then mark the beginning of a new process of healing and reconciliation for all South Australians.
		Presented by The Hon S M Kanck, 25 September 2003, 31 signatures.
NUCLEAR REACTOR AT LUCAS HEIGHTS
	Praying that this Council will call on the Federal Government to halt the nuclear reactor project and urgently seek alternative sources for medical isotopes and resist at every turn the plan to make South Australia the nation’s nuclear waste dumping ground.
		Presented by The Hon S M Kanck, 25 March 2004, 182 signatures.
PROPOSAL FOR THE DEVELOPMENT OF STAGE 2B OF THE HOLDFAST SHORES PROJECT AT THE GLENELG FORESHORE
	Praying that this Council will do all in its power to ensure that the proposal (as contained in an Amended Development Report for the development of Stage 2B of the Holdfast Shores Project on the Glenelg Foreshore), which includes a residential apartment building on the site of the Glenelg Surf Life Saving Club, is rejected.
		Presented by The Hon A J Redford, 19 February 2004, 6,000 signatures.
PROPOSED ALDINGA RESIDENTIAL DEVELOPMENT
	Praying that this Council will impose a moratorium on this site to coincide with the 12 month moratorium placed on other local sites to enable thorough archaeological and environmental studies to be carried out before any developments are to proceed.
		Presented by the Minister for Industry, Trade and Regional Development, 6 May 2005, 142 signatures.
VOLUNTARY EUTHANASIA
	Praying that the Council will -
	• • •	Reject the so called Dignity in Dying (Voluntary Euthanasia) Bill; Move to ensure that all medical staff in all hospitals receive proper training in palliative care; and Move to ensure adequate funding for palliative care for terminally ill patients.
		Presented by The Hon J F Stefani, 19 February 2003, 20 signatures. Presented by The Hon C Zollo, 22 July 2004, 19 signatures.

SYNOPSIS OF LEGISLATION
___________

ADMINISTRATION AND PROBATE (ADMINISTRATION GUARANTEES) AMENDMENT BILL
	This Bill amends the Administration and Probate Act 1919, to remove the requirement for administrators of vulnerable estates to provide administration bonds. This will be replaced with surety guarantees and a discretion in the Court to appoint joint administrators.
	At present, the Administration and Probate Act 1919 provides that a natural person who is seeking to administer an estate vulnerable to maladministration must enter into an administration bond with the Public Trustee. An administration bond is required if the estate is considered vulnerable to maladministration because the natural-person administrator resides outside South Australia, or is a creditor of the estate, or because one of the beneficiaries lacks legal capacity.
	The Bill removes the requirement for a bond with the Public Trustee and requires instead a surety guarantee. This is an undertaking by a third party, for example, an insurance company, that it will meet a person’s liability should he or she fail in his or her duties as an administrator. The undertaking is only between the administrator and the person giving the surety, whereas administration bonds also include the Public Trustee as a partyThe Bill removes the requirement for a bond with the Public Trustee and requires instead a surety guarantee. This is an undertaking by a third party, for example, an insurance company, that it will meet a person’s liability should he or she fail in his or her duties as an administrator. The undertaking is only between the administrator and the person giving the surety, whereas administration bonds also include the Public Trustee as a party.
	It has proven difficult, however, in recent times, for administrators to find sureties willing to guarantee the estate. The usual practice has been to arrange for an insurance company to act as surety at commercial rates. However, owing to changes in the insurance market, there is now no insurer trading in South Australia that is willing to act as surety for administration bonds. Sureties will only be available from private persons or entities willing to risk their own funds. Understandably, these are difficult to find.
	The Bill also provides that the Court can dispense with the requirement for a surety guarantee and, if needed, appoint joint administrators as an alternative safeguard against maladministration of the estate. The Court might, for example, appoint two family members to administer the estate together, or it might appoint a family member together with a professional person such as a lawyer or accountant.
	This Bill therefore strikes a balance. It solves the practical problems of administration bonds and yet retains the protection for vulnerable estates against maladministration.
			(September 16, 18, 23, October 14 - Act No. 40 of 2003)
AUTHORISED BETTING OPERATIONS (BETTING REVIEW) AMENDMENT BILL
	This Bill makes a number of legislative amendments to improve the regulatory arrangements for wagering providers that have arisen as a result of the review of the Authorised Betting Operations Act 2000. The Review was tabled in the Parliament in late 2002 in accordance with section 92 of the Act which required the Act to be reviewed within 12 months of it coming into effect. These amendments have also resulted from the national competition policy gambling legislative review.
	The Bill amends section 9(d) of the Act to allow the major betting operations licence to authorise the conduct of fixed-odds betting on races. As a result of restrictions imposed on the Government from the approved licensing agreement, the Government focused its discussions with the South Australian Bookmakers’ League on other options to assist the operations of the bookmaker industry.
	The Bill provides for the transfer of bookmaking licensing functions to the Liquor and Gambling Commissioner and removes the licensing requirement for bookmaker clerks. The removal of the requirement to licence bookmakers clerks is consistent with the approach taken towards the TAB where outlet staff are not licensed. Those responsible for the setting of odds, that is, bookmakers and bookmakers agents, will continue to be licensed. A separate class of licence for agents will be established.
	The Bill amends section 46 to clarify that the existing practice of the holder of the major betting operations licence and the on-course totalisator licensees of printing the average and maximum deduction from bets on betting tickets meets the information disclosure requirements.
	The Bill also provides that a bookmaker’s licence can be granted to a body corporate. This will permit a proprietary company (within the meaning of the Corporations Act (Commonwealth)) to hold licences in instances where all of the directors and shareholders are licensed bookmakers.
	Section 55 of the Act is amended to provide power to the Liquor and Gambling Commissioner to place time restrictions on permits to accept bets and section 57 is amended to provide legislative support for the Commissioner in developing guidelines in the issuing of permits on grounds he considers appropriate.
			(March 24, May 4, 5 - Act No. 11 of 2004)
CHILDREN’S PROTECTION (MANDATORY REPORTING) AMENDMENT BILL
	The purpose of this Bill is to amend the Children’s Protection Act in relation to the mandatory notification of abuse or neglect. The Bill includes a minister of religion and a person who is an employee of, or a volunteer in, a church or other religious organisation, as being required to notify the Department for Family and Community Services if they suspect that a child has been or is being abused or neglected.
			(September 17, 24, July 21 - Lapsed due to Prorogation)
CIVIL LIABILITY (PRIVILEGE OF INTERNET REPORTS) AMENDMENT BILL
	This Bill will extend the class of publications to which the provisions of the Civil Liability Act apply to include publication by means of the internet. Currently the provisions of the Act apply only to newspaper, radio or television. The purpose of granting the privilege is not to favour one particular medium or method of publication but, rather, to confer publication on the report itself, however disseminated.
			(May 26 - Lapsed due to Prorogation)
COMMISSION OF INQUIRY INTO CHILD SEXUAL ABUSE BILL
	This Bill establishes the “Commission of Inquiry into Child Sexual Abuse in South Australia”. The Commission will comprise of two Commissioners appointed by the Governor on the recommendation of a Parliamentary Selection Committee. The Parliamentary Selection Committee will comprise three members - the Premier, the Leader of the Opposition and the Speaker of the House of Assembly.
	The Commission will have the powers of a Royal Commission. There will be two members of the inquiry, one of whom will be a judge or a former judge of a court in a State other than South Australia. The second member of the Commission should be a person with experience or expertise in the field of child protection.
	The Bill provides that the Parliamentary Selection Committee must make a recommendation to the Governor for the appointment of the Commissioners within one month of the commencement of the Act. The Commission of Inquiry itself will be required to report no later than 31 January 2005. The Commission will report to the Parliamentary Appointing Committee and the report will be tabled in both Houses of Parliament within four sitting days of its receipt.
	The Commission will inquire into allegations of sexual abuse of persons, as children, who, at the time the alleged sexual abuse occurred, were in the custody or care and control of a Minister or an Agency or instrumentality of the Crown. The Commission will also inquire into the adequacy of existing measures to provide assistance and support to victims of child sexual abuse. It will be required to make recommendations concerning the measures that ought to be implemented to provide assistance and support to victims of child sexual abuse and the processes that ought to be followed in the investigation of complaints of child sexual abuse. The Commission will have the power to make interim inquiries.
			(June 30 - Lapsed due to Prorogation)
COOPER BASIN (RATIFICATION) AMENDMENT BILL BILL
	The Cooper Basin (Ratification) Act was enacted to ratify an indenture between the Government and the consortium of petroleum companies (known as the producers) who were responsible for the development of the gas reserves discovered in the Moomba area of South Australia and subsequently delivered to both the Adelaide and Sydney markets. The Act and Indenture provided some certainty to the producers at a time when they were about to incur significant development costs to supply the new Sydney gas market.
	In its current form the Act has a number of elements that are perceived by the NCC as anti-competitive and review of this Act is required under the Competition Principles Agreement “legislation review” obligation. The key issues that are perceived to be anti-competitive are the lack of transparency in the trade practice authorisations and the exemption from being subject to the economic criteria for grant of production licences.
	This Bill updates and makes more explicit and clear the trade practice authorisations which, in reality, have little anti-competitive effect in the current gas supply market. In addition, trade practice exemptions for joint petroleum liquids marketing, which also have little anti-competitive effect and which were previously included in the Stony Point (Liquids Project) Ratification Act 1981, have also been included in this Bill. It is believed that it is in the public interest to retain these authorisations on the basis that it is important that the State continue to honour commitments made so that future investment and business dealings with Governments are not put at risk.
	The Bill also requires the producers to meet the criteria in the Petroleum Act for the grant of production licences. The existing Act allows the grant of a production licence on request and is perceived as giving the producers an advantage over other petroleum licensees. Removal of this provision was agreed with the producers in 1997 and has been voluntarily complied with since that date. Since February 1999, upon expiry of the producers’ exploration licences, no further production licences could be acquired and the clause no longer has any real effect. Minor changes to the royalty provisions to account for the introduction of the GST are also included.
			(September 16, 17, 18, 22, October 22 - Act No. 43 of 2003)
CORRECTIONAL SERVICES (PAROLE) AMENDMENT BILL
	This Bill amends the Correctional Services Act 1982 to implement the recommendations of a review conducted by the Government into aspects of the parole system. The Bill strengthens the conditions for release on parole to -
	• • •	ensure that the paramount consideration of the Board in every case must be the safety of the community; take into account the impact of the release of a prisoner on a victim and their family and the gravity of the offence and the potential for the prisoner to re-offend; and remove the requirement for reports relating to the social background of the prisoner.
	The review also recommended an expansion of the Parole Board’s powers to empower it to refuse parole for child sex offenders serving sentences of less than five years. The Government has accepted this recommendation, and has gone further by removing automatic parole for all sex offenders.
	With regard to the membership and qualifications of the Parole Board, the review recommended the following which are included in the Bill -
	• • •	the term of appointment for the presiding member be changed from five to three years; the criteria for appointment for Board members including the need for members to have due regard to, and an understanding of, the impact of criminal offences on victims; and an increase in the number of members from six to at least nine to allow for greater community representation and to reflect the values of the public at large.
			(October 23, November 24, 25, February 25, March 30, June 3 - Lapsed due to Prorogation)
CROWN LANDS (FREEHOLDING) AMENDMENT BILL
	This Bill amends the Crown lands Act in respect of the power of a lessee to surrender a lease and purchase the freehold title. The Bill provides that the fee for the freehold title cannot exceed $2,000 and extends the time during which an applicant can withdraw the application for freehold title to five years.
			(September 24 - Laid aside in Council)
DEVELOPMENT (PROTECTION OF SOLAR COLLECTORS) AMENDMENT BILL
	This Bill amends the Development Act to guarantee access to sunlight for people using solar energy for the purpose of solar thermal or photovoltaic systems. A new building must not, when constructed, adversely affect the operation of an existing solar collector located on an adjacent building. The Bill will also not permit a tree to adversely affect the operation of an existing solar collector located on an adjacent building.
			(March 24, July 21 - Lapsed due to Prorogation)
DIGNITY IN DYING BILL
	The purpose of this Bill is to provide for the administration of medical procedures to assist the death of patients who are hopelessly ill and who have expressed a desire for the procedures subject to appropriate safeguards.
			(November 12, 26, May 5, June 2 - Negatived in Council)
DRIED FRUITS REPEAL BILL
	The purpose of this Bill is to repeal the Dried Fruits Act and provide a mechanism for the Minister to transfer residual funds of the Dried Fruits Board to the South Australian Dried Tree Fruits Association, the main organisation servicing South Australia’s dried fruit industry.
	To ensure that the residual funds provided to the South Australian Dried Tree Fruits Association are used for industry development purposes, an agreement will be developed between the South Australian Dried Tree Fruits Association and the Minister. This agreement will require a strategic plan indicating key activity areas in which the South Australian Dried Tree Fruits Association will be using its funding in the three years to 30 June 2006.
			(September 16, 18, October 22 - Act No. 42 of 2003)
ENVIRONMENT PROTECTION (PLASTIC SHOPPING BAGS) AMENDMENT BILL
	The purpose of this Bill is to provide for a 15 cent levy to be paid on the large plastic bags that are issued at the cash register in retail outlets or checkouts in supermarkets.
	The Bill does not require a charge on the other plastic bags in which food is purchased such as the plastic bags in which rice is packaged or the plastic bags in which fruit and vegetables are purchased.
			(November 12, June 2 - Lapsed due to Prorogation)
EQUAL OPPORTUNITY (CARER’S RESPONSIBILITIES) AMENDMENT BILL
	This Bill amends the Equal Opportunity Act 1984 and will ensure that carers are recognised for their efforts and not subjected to discrimination because of their responsibilities to those people who rely upon them for regular care. The simplest definition of a carer is any person who provides regular care for their family member or friend who has a disability or a mental illness, or who may be chronically ill, frail or aged. The Bill provides defined interpretation of a carer and refers to their responsibilities as a carer.
	The Bill will provide protection against discrimination on the grounds of a person’s responsibility as a carer in the areas of employment, agents, contract workers and within partnerships. It also addresses discrimination by qualifying bodies, employment agencies, associations and members of councils. It will eliminate discrimination by education authorities to ensure that carers receive fair access to studies, and that their applications to study are not refused on the ground that they are a carer. Finally, the Bill will provide protection from discrimination against carers in relation to land, goods, services and accommodation.
			(October 22, November 27, December 3, February 25, May 26 - Lapsed due to Prorogation)
FIREARMS (COAG AGREEMENT) AMENDMENT BILL
	In November 2002, the Australian Police Ministers Council (APMC) agreed on a broad range of measures to restrict the availability and use of hand guns. In summary, the relevant APMC resolutions restrict the classes of hand guns that can be possessed by sporting shooters and collectors of historical firearms. At its meeting on 6 December 2002, the Council of Australian Governments (COAG) agreed on a national approach to restrict the availability and use of hand guns, particularly concealable weapons. This Bill is the legislative outcome of the national agreement.
	The COAG Agreement included as a centrepiece a compensated buyback of hand guns for sporting shooters and some collectors. The agreement includes provision for Commonwealth funding of the State administered buyback where the Commonwealth will supply two-thirds of the compensation and administration costs, along with 100% of costs associated with those people who wish to exit the sport. Since the December agreement, officials have met to determine the detail of the hand gun buyback. South Australia’s key aims have been to maximise the impact of the hand gun buyback on people who possess illegal firearms, and to minimise adverse aspects on sporting shooters and collectors.
	All Australian Governments have agreed to implement the hand gun buyback, and all State and Territory Governments have signed the intergovernmental agreement. Most states and territories commenced the buyback on 1 July 2003 for a six-month period. The Commonwealth and South Australia have agreed that the buyback will commence in South Australia on 1 October 2003 and extend until 31 March 2004.
			(September 16, 18, 23 - Act No. 37 of 2003)
GAS (TEMPORARY RATIONING) AMENDMENT BILL
	The purpose of this Bill is to make further provision with respect to temporary gas rationing under part 3, division 5, of the Gas Act 1997. The explosion at Moomba on 1 January 2004 would have had quite devastating effects on South Australia had it not been for the fact that the new SEAGas transmission pipeline, sourcing gas from Victoria, was able to be brought into operation at additional capacity sooner than planned.
	As full retail competition in a practical sense does not yet exist, consumers whose consumption at a single site is less than 10 terajoules per year currently have the benefit of Ministerially determined maximum prices. The Government was keen to ensure that those smaller customers would continue to be supplied and at prices no greater than the maximum prices currently in operation. The Government was also keen to ensure that its efforts to minimise disruption to larger customers would not result in an affected retailer being able to make a profit on the cost of additional “top-up” gas secured. A special regulation was made on 15 January, Regulation 22 of the Gas Regulations, to support the continued supply of top-up gas via the SEAGas transmission pipeline on the basis that those affected customers who wished to take gas in excess of the quantity of gas that was available for supply to them under Ministerial directions from Moomba would do so on terms and conditions that appeared fair, in particular at a price that did not allow an affected retailer to profit from the emergency situation.
	The amendments in this Bill are designed to ensure that all appropriate investigative, enforcement and recovery measures are available to Government. The public interest requires that there must be compliance with Ministerial directions (given “to ensure the most efficient and appropriate use of the available gas”). The Government also considers it to be in the public interest that it should have all necessary power to investigate whether those large customers that have faced increased costs for top-up gas over the temporary gas rationing period have been unlawfully exploited.
	Accordingly, the Bill contains provisions designed to put it beyond argument that the Minister can require information to be provided for the purpose of enforcement of the temporary gas rationing provisions in the Act and regulations that relate to temporary gas rationing, including Regulation 22. The power to require information expressly includes the power to require a retailer affected by Ministerial directions to conduct an audit of its compliance with the regulations and to report the results of that audit to the Minister.
			(March 24, April 1, 4, May 4, 25 - Act No. 17 of 2004)
GENE TECHNOLOGY (RESPONSIBILITY FOR THE SPREAD OF GENETICALLY MODIFIED PLANT MATERIAL) BILL
	The purpose of this Bill is to ensure that the owners of proprietary rights in genetically modified plant material are or will be responsible for any damage or loss caused by the spread of that material. The Bill will also protect farmers who find, through no fault of their own, that their crops have become contaminated with genetically modified seed.
			(September 17,. November 27, December 3 - Lapsed due to Prorogation)
GENETICALLY MODIFIED CROPS MANAGEMENT BILL
	The purpose of this Bill is to ensure that genetically modified crops are regulated in South Australia. This is necessary to protect existing and future markets for farm produce until supply systems are developed to provide the necessary segregation and identify preservation of crops.
	The Bill implements the key recommendations of the Report of the Select Committee on Genetically Modified Organisms tabled in the House of Assembly in June 2003.
	The Bill has the primary purpose of permitting the regulation of genetically modified food crops, in order to prevent adverse market outcomes that may otherwise occur from the unregulated introduction of GM crops into the State’s agricultural production systems. In accordance with the Commonwealth/State regulatory framework, the Bill’s purpose is not to regulate GM crops for reasons of human or environmental safety or as foods for human consumption.
	The Bill provides the power to make Regulations that establish defined areas in which the cultivation of GM crops may be regulated to achieve market outcomes clearly related to product integrity. The Bill will only apply to the cultivation of “food” crops. This refers specifically to the cultivation of those crops consumed directly by humans (such as grains or oils, and crops) and includes pastures that are consumed by livestock, the products of which are then subsequently consumed by humans. This restriction is fully consistent with the objective of preventing adverse market impacts and also provides a measure of consistency across jurisdictions. The legislation does not apply to non-food crops such as ornamental flowers.
	The Bill also provides that a review of the Act be completed within three years. The three year time frame has been chosen to provide the opportunity to understand and respond to two significant events -
	• •	The Commonwealth Gene Technology Act 2000 will have been reviewed during 2005/2006 and implications of any changes to the National regulatory framework, including the potential for changes to the scope of the Regulator’s licensing powers, will have become known; The New South Wales Gene Technology (GM Moratorium) Act 2003 expires on 3 March 2006 and the implications of a potentially unregulated GM grain production in the major grain producing State will also be understood and may need to be accommodated in changes to South Australia’s legislation.
			(February 24, March 22, 23, 25, 30 - Act No. 8 of 2004)
INDUSTRIAL AND EMPLOYEE RELATIONS (EXEMPTION OF SMALL BUSINESS) AMENDMENT BILL
	The purpose of this Bill is to remove from the Industrial and Employee Relations Act the relevant clauses of the unfair dismissal legislation in relation to businesses with fewer than fifteen employees and employees with less than twelve months’ service.
			(September 24 - Lapsed due to Prorogation)
INDUSTRIAL AND EMPLOYEE RELATIONS (PROHIBITION AGAINST BARGAINING SERVICES FEE) AMENDMENT BILL
	The purpose of this Bill is to amend the Industrial and Employee Relations Act to prevent unions from charging non-unionists bargaining fees for services undertaken by the union but not requested by the non-unionist. If a union negotiates a particular outcome, it cannot seek a payment from a non-unionist who might benefit from that outcome.
			(September 24, June 30 - Lapsed due to Prorogation)
LAW REFORM (IPP RECOMMENDATIONS) BILL
	This Bill represents the second stage of the Government’s legislative response to the crisis in the cost and availability of insurance. The first stage was completed in August last year, with legislation to apply to all personal injury damage claims, the same caps, thresholds and other limits as applied in motor accident claims, as well as legislation to permit structured settlements and legislation to provide for codes governing liability for injuries sustained in the course of risky recreations. Those reforms included measures to restrict the size of awards for damages for personal injury, including a points scale for non-economic loss, a cap on economic loss and like measures.
	This second stage implements the key liability recommendations of the Ipp Committee. In July 2002, the Commonwealth Minister for Revenue and Assistant Treasurer, with the agreement of Treasurers nationally, appointed the Ipp Committee to report on comprehensive reforms to the law of negligence designed to reduce the cost of injury claims and, hence, the cost of insurance.
	The interim and final reports of the Ipp Committee have been considered by the Commonwealth Government and by Treasurers nationally. At a meeting on 15 November 2002, Treasurers agreed in principle on nationally consistent legislation to be enacted separately by each jurisdiction to implement the key recommendations of the Ipp Committee on liability for personal injury. Treasurers noted that, as to awards of damages, most jurisdictions had already legislated such measures as thresholds and caps. Since then, all jurisdictions have been working towards legislation.
	The chief purpose of the Bill is to amend the Wrongs Act to reform some aspects of the law of negligence in the expectation of moderating the cost of damages claims and thus the cost of insurance. The Bill does not attempt a complete codification of the law of negligence, but simply focuses on some specific aspects identified by the Ipp Committee as being in need of either restatement or reform. The Bill proposes that these new laws are to apply to any claim for damages resulting from a breach of a duty of reasonable care or skill, regardless of whether the claim is brought in tort or contract, or under a statute. It does this by defining “negligence” to include any failure to exercise reasonable care or skill, including a breach of a tortious, contractual or statutory duty of care.
			(October 15, November 11, 24, 26, December 4, February 25, March 30 - Act No. 9 of 2004)
LOCAL GOVERNMENT (FLOOD MITIGATION INFRASTRUCTURE) AMENDMENT BILL
	The purpose of this Bill is to amend sections 7 and 295 of the Local Government Act 1999 to make it explicit that Councils have the power to enter on to private land to carry out all works (including preliminary works) associated with the construction, operation and maintenance of flood mitigation infrastructure.
	This will resolve the uncertainty that has risen from conflicting legal advice about the current powers of Councils and their subsidiaries to enter land to undertake works associated within a watercourse, especially in relation to stormwater management and flood mitigation.
			(May 4, 5 - Act No. 13 of 2004)
MEAT HYGIENE (MISCELLANEOUS) AMENDMENT BILL
	The purpose of this Bill is to include the processing of meat for retail sale within the regulatory scope of the Meat Hygiene Act 1994, from which it is currently excluded. The amendment to the Meat Hygiene Act would mean, in general terms, that meat processing operations, whether for wholesale or retail sale, fall under a single legislative framework. This approach is consistent with Government policy and the recommendations following the National Competition Policy Review of the Meat Hygiene Act.
			(February 18, March 23, 30, May 4 - Act No. 14 of 2004)
MEMBERS OF PARLIAMENT (REGISTER OF INTERESTS) (OVERSEAS TRAVEL) AMENDMENT BILL
	The purpose of this Bill is to ensure that all overseas travel funded by the Government is revealed to the Parliament and the public.
	Members of Parliament must provide particulars of all overseas travel that they or a family member have undertaken, which travel has been funded in whole or in part by the State, in their ordinary return to Parliament. The Bill covers all Members of Parliament, including Presiding Members.
			(October 22, November 27, December 3, June 30 - Lapsed due to Prorogation)
MIDWIVES BILL
	The purpose of this Bill is to provide for the registration of midwives; to regulate midwifery for the purpose of maintaining high standards of competence and conduct by midwives in South Australia.
	The Bill will assist in the recognition and restoration of the role of midwives in maternity care by establishing a scheme that -
	(a) (b) (c) (d) (e) (f)	regulates the practice of midwifery to ensure the highest standards of competence and conduct by registered persons in South Australia; and involves midwives, midwife educators and ordinary people who have recently had the benefit of midwifery care in regulating the practice of midwifery; and ensures the best possible care and support is provided to women and babies before, during and after birthing; and encourages a reduction in medical interventions in birthing; and provides flexible maternity options for women and their partners; and reinstates birthing as a woman-centred, woman-led experience.
			(May 5 - Lapsed due to Prorogation)
MOTOR VEHICLES (EMERGENCY CONTACT DETAILS) AMENDMENT BILL
	This Bill makes two optional changes to drivers’ licences through amendments to sections 77A and 136 of the Motor Vehicles Act 1959. The two options are, first, to include contact details on drivers’ licences and, secondly, to include blood type details on drivers’ licences.
	The first proposal is that the name and telephone number of a family member or friend or chosen person be placed on the back of the licence. In the unfortunate situation of an accident occurring, the authorities can then notify this person more quickly, so reducing the time that it takes to notify, reducing the use of police resources to trace next of kin, and improving the accuracy of choice of victims’ next of kin due to their having nominated them. It is not compulsory - it is a voluntary option which people can choose to take up.
	Secondly, in relation to blood type details, again this is optional and it is particularly important for people who have a rare blood type. In cases of a large number of people being involved in an accident, particularly in regional areas, hospitals will be able to be notified earlier about large quantities of blood being required - and in emergency situations obviously time is critically important. Hospitals would still be required to check the blood type prior to administering it and, particularly in the situation of a remote area, it will allow time to organise large quantities of blood to be flown to that particular site.
			(September 24, June 2, 30 - Lapsed due to Prorogation)
MOTOR VEHICLES (ROADWORTHINESS INSPECTION SCHEME) AMENDMENT BILL
	This Bill establishes the Roadworthiness Inspection Scheme. The scheme applies to all prescribed motor vehicles over five years old. This is calculated from the date of first registration. A prescribed motor vehicle is one that is designed for the principal purpose of carrying up to eight adult passengers, including the driver. Any car that is older than five years that is sold or has its registration transferred will need to have a current and valid roadworthiness certificate. It is an offence punishable by a $10,000 fine or imprisonment for two years to sell a prescribed motor vehicle without a valid roadworthiness certificate.
	There are two exemptions to this: transfers between licensed vehicle dealers and sales where the car is not expected to be driven again, that is, to motor wreckers. Certificates must be displayed on the vehicle if it is offered or exposed for sale. When a car reaches the age of 10 years, and every second year thereafter, it must have a valid certificate of roadworthiness before its registration can be renewed. This provision is complementary to the requirement for a certificate as at the time of transfer or sale. A car over 10 years will need a roadworthiness certificate if it is to be sold or registered in each second year.
	The Bill also establishes the Roadworthiness Inspection Committee. The Committee has broad functions to review the operation of the scheme, as well as to provide advice to the Minister as to regulations made for the scheme, and to carry out any other functions assigned to the Committee under the Act or by the Minister.
			(September 24 - Lapsed due to Prorogation)
OCCUPATIONAL HEALTH, SAFETY AND WELFARE (ASBESTOS REMOVAL WORK) AMENDMENT BILL
	In Division 4.2 of the current Occupational Health, Safety and Welfare Regulations there is a requirement that one must be licensed to carry out asbestos removal work. A licence for asbestos removal work requires that a number of measures be taken to minimise risk to the public. That includes using things such as vacuum extractors, special cutting tools, spray equipment, total saturation equipment, waste disposal equipment, having the equipment inspected, and having a thorough training regime for those who deal in asbestos removal. However such a licence is not required if it is an asbestos cement fibro product or other non-friable asbestos containing material and if it covers less than 200 square metres.
	There is no minimum safe level of exposure to asbestos and it can have deadly consequences decades later. There are too many operators with a cavalier attitude to asbestos removal who are not licensed and who are not required to be licensed. This means that there are thousands of homes in this state that are being demolished, particularly trust homes which have a lot of asbestos material -whether in the roof or in the cladding - and, as a result of the demolition process by unlicensed operators, residents in the surrounding area are being exposed to dust, particles and debris, and, with that, a potentially deadly health risk.
	The Bill provides certain safeguards to ensure that there is appropriate training, to ensure that there must be a licence for an operator to remove asbestos, and to ensure that the person who is undertaking the work is directly under the supervision of a licensed person.
			(March 24 - Lapsed due to Prorogation)
PARLIAMENTARY SUPERANNUATION (CHOICE OF SUPERANNUATION) AMENDMENT BILL
	This Bill enables a Member of Parliament under the current Parliamentary Superannuation Scheme, to withdraw from that scheme and to join the Triple S Superannuation Scheme.
			(February 18 - Lapsed due to Prorogation)
PITJANTJATJARA LAND RIGHTS (EXECUTIVE BOARD) AMENDMENT BILL
	This Bill deals with governance arrangements on the Anangu Pitjantjatjara lands. Under the existing provisions of the Pitjantjatjara Land Rights Act, the executive board of Anangu Pitjantjatjara is, subject to its constitution, elected annually. The present executive board was elected on 7 November 2002. In July 2003 a special general meeting of Anangu Pitjantjatjara resolved to amend its constitution to provide for three year terms. The existing board had been advised by its lawyers that one effect of that amendment was to extend the term of office for the existing board, which was elected under the old rules, from one to three years. There was some concern, including on the part of Government, as to the validity of that extension.
	The validity of the current board is far from clear. The Bill deals with the uncertainty by providing for the current board’s term of office to be from 7 November 2002 until the next election. The Bill also removes any uncertainty about the validity of any otherwise lawful acts or decisions of the executive board.
	The election of members of the board must, under the terms of the Bill, occur no later than eight weeks from the date of commencement. The elections will be held in accordance with rules forming new Schedule 3 of the principal Act, drafted in consultation with the Electoral Commissioner.
	The Bill also provides for scope to amend the rules by regulation. While there is no present intention to make any amendments, the provision is considered highly desirable and will be used in the event that the Electoral Commissioner identifies a need to make alterations or additions to the rules. The executive board elected under the provision of this Bill will hold office for one year. The Government also proposes to conduct a review of the Act in consultation with Anangu Pitjantjatjara and other recognised indigenous bodies with a direct interest in the administration of the lands. The review will include consideration of the reformed electoral process.
			(May 25, 27, 31, June 1, 30 - Act No. 25 of 2004)
PITJANTJATJARA LAND RIGHTS (REGULATED SUBSTANCES) AMENDMENT BILL
	This Bill addresses the conduct of persons who traffic in petrol and other substances to the detriment of the people on the APY lands. The Bill introduces a new offence to the Pitjantjatjara Land Rights Act, substantially increasing the penalties for a person caught on the lands selling or supplying a regulated substance, taking part in the sale or supply of a regulated substance, or having a regulated substance in his or her possession for the purpose of selling or supplying the regulated substance, knowing or having reason to suspect that the regulated substance will be inhaled or otherwise consumed.
	The maximum penalty of a $50,000 fine or imprisonment for 10 years is severe and, in keeping with the provisions of the Controlled Substances Act, this Bill includes provisions for the forfeiture of the vehicle used to traffic in the regulated substance where appropriate.
			(May 25, June 3 - Lapsed due to Prorogation)
PUBLIC INTOXICATION (ABORIGINAL LANDS) AMENDMENT BILL
	The purpose of this Bill is to amend the Public Intoxication Act to declare that petrol, when possessed or used for the purposes of inhalation, is a drug for the purposes of the Public Intoxication Act, and that the Anangu Pitjantjatjara lands is a public place for the purposes of the Act.
			(May 26 - Lapsed due to Prorogation)
SOUTHERN STATE SUPERANNUATION (VISITING MEDICAL OFFICERS) AMENDMENT BILL
	The purpose of this Bill is to repeal the Superannuation (Visiting Medical Officers) Act 1993 and amend the Southern State Superannuation Act 1994, to deal with the closure of the SA Health Commission Visiting Medical Officers Superannuation Fund, and the transfer of those Visiting Medical Officers who are members of the VMO Fund, to the State Government’s Triple S Scheme.
	A Visiting Medical Officer is a person appointed as a senior visiting medical specialist, or a visiting medical specialist, by the Department of Human Services, a teaching hospital, the Institute of Medical and Veterinary Science, or by any other hospital or health centre incorporated under the South Australian Health Commission Act 1976.
	The VMO Fund is a small superannuation fund with an accumulation style benefit structure, about 700 members and assets of about $50 million. The scheme was established in 1983 to enable those VMOs who were not members of the main State Scheme, to have a fund into which the 10 per cent of their income identified as a superannuation benefit must be directed.
	The Trustee has decided to wind up the fund principally because the small size of the fund makes it difficult to compete against larger funds on a cost per member basis. As a result of the economies of scale associated with larger funds, members of those funds have the opportunity to share in the benefits of lower administrative and investment management fees.
			(October 14, 21, November 10, December 3 - Act No. 59 of 2003)
STATE SUPPLY (PROCUREMENT OF SOFTWARE) AMENDMENT BILL
	This Bill relates to the use of open source software by the Government of South Australia. Open source software products do not have restrictive licence agreements. The purpose of this Bill is to require procurement managers in public authorities to consider the alternative of using open source software and, wherever practical, using open source in preference to proprietary software. By encouraging departments and agencies to use open source software is to support a local development environment that can open the door to international sales.
			(September 24, December 3 - Negatived in Council)
STATUTE LAW REVISION BILL
	This Bill contains various amendments of a superficial nature to over 60 Acts. The amendments address minor structural anomalies in Acts. Care has been taken in preparing this Bill not to make any substantive changes to the law contained in the various acts amended.
	The Bill also repeals the following Acts: the Commonwealth and State Housing Agreement Act 1945; the Commonwealth and State Housing Supplemental Agreement Act 1951; the Homes Act 1941; the Loans for Water Conservation Act 1948; the Native Industries Encouragement Act 1972; and the White Phosphorous Matches Prohibition Act 1915. These Acts are obsolete. The subject matter of the last Act is now a matter for the trade standards or dangerous substances area. The other acts all relate to financial arrangements that have long ceased to have any practical relevance.
			(September 16, 18, October 14, 20 - Act No. 44 of 2003)
STATUTES AMENDMENT (EXPIATION OF OFFENCES) BILL
	This Bill addresses three major problems that have been identified in the interpretation and administration of the Expiation of Offences Act.
	The Bill provides explicitly that an expiation notice may be withdrawn and reissued, both to correct defects in the notice and in circumstances where a statutory declaration has been received.
	Secondly, it provides that when a statutory declaration is received from a registered owner and it is not accepted as constituting a defence, then the issuing authority is not required to issue a reminder notice inviting the vehicle owner to make another statutory declaration. Rather, the owner is to be sent an expiation enforcement warning notice, offering the choice of either paying the expiation notice within 14 days, or contesting the matter in court.
	Thirdly, when a registered owner provides a statutory declaration, an issuing authority will be provided with twelve months, rather than six months, in which to issue an expiation notice in relation to that offence. The additional time period is intended to thwart the prospect of owners and successive nominated drivers colluding to delay matters beyond the present six-month time limit.
	An unrelated amendment is made to section 13 of the Act to facilitate the forfeiture of drugs, drug-growing equipment, and drug-using implements, when a cannabis expiation notice is enforced.
			(September 23, October 21, 22, November 10, 11, 25 - Act No. 53 of 2003)
STATUTES AMENDMENT (GAMES AND APPEALS) BILL
	The current Gaming Machines Act and the Casino Act have provisions which relate to the approval of gaming machines and games. If the Liquor and Gambling Commissioner is of the opinion that a new game is likely to lead to an exacerbation of problem gambling, the Commissioner must refuse the application. This Bill, however, provides that the test now be whether the new game is unlikely to lead to an exacerbation in problem gambling.
	The Bill also deals with the issue of advertising. At the moment, there is discretion on the part of the Commissioner as to whether or not he advertises certain games. The Bill provides that all new casino games or games for hotels and clubs must be advertised so that members of the public and interested parties are informed.
			(November 12 - Lapsed due to Prorogation)
STATUTES AMENDMENT (GAMING MACHINE REGULATION - ALCOHOL) BILL
	The purpose of this Bill is to give gamblers a break from play so that they consume food and beverages outside the poker machine area. The Bill will make it a condition of the casino licence that the licensee must not provide or offer to provide a person with an alcoholic beverage while that person is at or in the immediate vicinity of the gaming machine area on the licensed premises.
			(September 17 - Lapsed due to Prorogation)
STATUTES AMENDMENT (LIMITATIONS ON COIN AND CASH FACILITIES) BILL
	This Bill amends the Casino Act 1997 and the Gaming Machines Act 1992 to remove Automatic Teller Machines and coin cash facilities from poker machine venues and from the casino precinct.
			(February 18 - Lapsed due to Prorogation)
STATUTES AMENDMENT (MINING) BILL
	The purpose of this Bill is to repeal section 9 of the Mines and Works Inspection Act 1920 and substitute a provision that allows for the release, subject to the Freedom of Information Act 1991 and, where relevant, the ionizing Radiation Regulations 2000, of all information obtained in the administration of the Act, except information relating to trade processes or financial information. The Bill further sets out when certain information relating to trade processes and financial information can be released, namely -
	• • • •	as authorised by this Bill (or regulations under this Bill); or with the consent of the person from whom the information was obtained, or to whom the information relates; or in connection with the administration or enforcement of this Bill, or a prescribed Act; or for the purpose of legal proceedings arising out of the administration or enforcement of this Bill, or a prescribed Act.
	Information other than that relating to trade processes and financial information could, as a consequence of this Bill, be obtained pursuant to the Freedom of Information Act 1991. The new provision is consistent with similar confidentiality provisions, in particular section 121 of the Environment Protection Act 1993, and provides for the release of information regarding incidents which may affect the safety of both the public and the environment.
			(September 25 - Act No. 39 of 2003)
STATUTES AMENDMENT AND REPEAL (STARR-BOWKETT SOCIETIES) BILL
	The purpose of this Bill is to repeal the Star-Bowkett Societies Act 1975 and to amend the Fair Trading Act 1987. A Starr-Bowkett society is a type of building society that causes or permits applicants for loans to ballot for precedents, or in any way makes the granting of a loan dependent upon any chance or lot. The Star-Bowkett Societies Act 1975 currently prohibits this activity except in relation to a Star-Bowkett society that was registered under the previous act. The act also prohibits trading or carrying on business as a society unless the person or body is registered under the act.
	Following the deregistration of the last Star-Bowkett society, no further regulation is necessary except in respect of any possible offences and to prohibit trading or carrying on a business as a Star-Bowkett society. For this reason, the Star-Bowkett Societies Act 1975 is to be repealed. The amendment to the Fair Trading Act 1987 will prohibit anyone trading or carrying on business as a Star-Bowkett society in South Australia, including balloting for loans. The maximum penalty for contravention of the prohibition is $5,000.
			(September 16, 17, 24 - Act No. 38 of 2003)
SUMMARY OFFENCES (LOITERING) AMENDMENT BILL
	The purpose of this Bill is to extend the powers of police in relation to loitering. The Bill provides that where a person is loitering in a public place or a group of persons is assembled in a public place and a member of the police force believes or apprehends on reasonable grounds that the person or one or more persons in the group is acting, or has acted, in a manner likely to create distress or fear of harassment in a reasonable person within sight or hearing of the person or group, the member of the police force may request that person to cease loitering, or request the persons in that group to disperse, as the case may require.
			(October 15, November 12, December 3 - Lapsed due to Prorogation)
SUPERANNUATION FUNDS MANAGEMENT CORPORATION OF SOUTH AUSTRALIA (MISCELLANEOUS) AMENDMENT BILL
	The purpose of this Bill is to amend the governance arrangements for the Superannuation Funds Management Corporation of South Australia to reflect the interests of the Government, whilst ensuring that the expectations and rights of contributors and superannuants are protected.
	The amendments to the Superannuation Funds Management Corporation of South Australia Act 1995, have the effect of -
	• • •	extending the existing functions of Funds SA relating to the investment and management of funds to include the investment and management of funds on behalf of such Government and related bodies as the Treasurer sees fit. extending the power of the Governor to remove Government nominated directors to the Corporation on such grounds as the Treasurer sees fit. providing the power of direction and control to the Treasurer, but with important limitations prohibiting a direction to Funds SA in relation to an investment decision, dealing with property or the exercise of a voting right.
			(October 14, November 11, May 6 - Lapsed due to Prorogation)
SURVEY (MISCELLANEOUS) AMENDMENT BILL
	The purpose of this Bill is to amend the Survey Act as a result of a review as part of the Competition Principles Agreement. The Review identified that certain restrictions relating to the licensing and structure of companies were anti-competitive. It concluded that these restrictions had little to do with surveying land boundaries and were an unnecessary intrusion into the business operations of companies that employed licensed surveyors to provide boundary surveying services.
	The requirement for company licences or registration is removed and so also are the provisions imposing special obligations on companies. A company or other entity that provides surveying services through the instrumentality of a surveyor will be subject to disciplinary provisions and it will be an offence for such an entity to direct or pressure a surveyor to act unlawfully, improperly, negligently or unfairly in relation to the provision of surveying services.
	The Institution of Surveyors has requested amendments to the Act to improve administrative and disciplinary procedures. These amendments include a change in the reporting and licensing periods from a calendar year to a financial year basis and clarification of the authority of the Institution to delegate its investigating powers. The Institution intends to delegate its power to direct investigations to a small sub-committee of members.
	The Bill removes the powers of the Institution of Surveyors to reprimand surveyors and places all disciplinary hearings within the jurisdiction of the District Court. These amendments are designed to separate the investigative and complaint processes from the hearing process to ensure that there is no issue of compromising principles of natural justice, equity and fairness.
	The Bill also implements a number of minor amendments requested by the Surveyor-General to improve administrative processes.
			(September 17, October 21, 22, 23, November 10, 13, December 4 - Act No. 61 of 2003)
TOBACCO PRODUCTS REGULATION (CLEAN AIR ZONES) AMENDMENT BILL
	The purpose of this Bill is to ensure protection from environmental tobacco smoke and to provide further protection from exposure to the negative impact of role model behaviour of smoking in front of children. This Bill will make it an offence for smokers to smoke in areas where children are likely to be unwitting victims of side-stream smoke.
	In particular, the Bill will single out the route of Adelaide’s annual Christmas Pageant, within three metres of a bus stop, at the Wayville Showgrounds for the duration of the Royal Show and, by regulation, various other localities where children are present as being those areas in which people will not be able to smoke.
			(November 12 - Lapsed due to Prorogation)
TOBACCO PRODUCTS REGULATION (SMOKING IN THE CASINO AND GAMING VENUES) AMENDMENT BILL
	This Bill aims to prohibit smoking in poker machine venues and the Adelaide Casino. “Gaming areas” are clearly defined under the Gaming Machines Act with respect to hotels and clubs and, in respect of the Casino, there are designated areas that are exempt from the Act in relation to front bar type operations.
	This legislation is intended to have a double impact - both on problem gambling and in relation to the public health issue of reducing in the medium to long term the cost to the public health system of smoking to the community.
			(October 15 - Lapsed due to Prorogation)
VETERINARY PRACTICE BILL
	The purpose of this Bill is to repeal the Veterinary Surgeons Act 1985, provide regulation of the veterinary profession that is consistent with national competition policy principles and streamline procedures for registration of veterinary surgeons and the handling of complaints by the Veterinary Surgeons Board.
	The Bill removes restrictions on ownership of practices by non-veterinarians while at the same time containing provisions aimed at avoiding any conflict of interest in such situations. There will be a register of interests held by veterinarians or prescribed relatives in prescribed veterinary businesses. Veterinarians will be required to inform clients of those interests where relevant and there will be offences relating to inducements for veterinarians giving recommendations or prescriptions benefiting those businesses).
	In addition, there will be a register of veterinary service providers (that is, persons other than veterinary surgeons who provide veterinary treatment through the instrumentality of a veterinary surgeon) and it will be an offence for such a person to direct or pressure a veterinary surgeon to act unlawfully, improperly, negligently or unfairly in relation to the provision of veterinary treatment. The Bill defines veterinary treatment which only veterinarians may perform for fee or reward but makes provision for regulations to exempt common farm practices such as lamb-marking from the definition.
			(October 13 - Act No. 41 of 2003)
VICTIMS OF CRIME (STATUTORY COMPENSATION FOR VICTIMS OF CERTAIN SEXUAL OFFENCES) ACT AMENDMENT BILL
	This Bill arises out of recent amendments to the Criminal Law Consolidation Act by the Criminal Law Consolidation (Abolition of Time Limit for Prosecution of Certain Sexual Offences) Amendment Bill.
	The purpose of this Bill is to provide compensation to the victims of these crimes who are unable to secure a conviction. The Bill will give the victims a right to compensation under the Victims of Crime Act. It will be necessary for the victim to make an application to the court and to satisfy the court of certain matters. These victims will still be able to apply to the Attorney-General for compensation by way of ex gratia payment but, if they are dissatisfied with their application to the Attorney-General, they will be empowered, under the provisions of this Bill, to apply for statutory compensation. They must do so within three months after the notification of the Attorney-General’s response. The sexual offences in respect of which such an application may be made are that immunity from prosecution for the offence existed immediately before the commencement of section 72A of the Criminal Law Consolidation Act because of the passage of time since its commission.
	These particular victims, because of the circumstances and the effluxion of time, will not be required to establish proof of the offence beyond reasonable doubt. They will be entitled, under this Bill, to satisfy the court, on the balance of probabilities, that they are the victims of a relevant sexual offence. These victims, like other victims, will be required to show that they suffered injury as a result of the commission of a relevant offence, and all the other provisions must be complied with.
			(October 15, 22, February 25, March 24 - Lapsed due to Prorogation)